Where do trade secrets come from?

Trade secrets are created by state law. That means each different state has different trade secret laws. Trade secret laws are designed to protect:

• proprietary business information
• customer lists
• product formulas
• machinery designs
• computer software
• other valuable secrets

Employers often have trade secret clauses in employment agreements to show they are taking steps to protect their trade secrets. Are the secrets of your business safe?

Where do trademarks come from?

Where does intellectual property come from? Different places. Trademarks come from the U.S. Constitution — Article I, section 8, clause 3. It says Congress shall have the power to “regulate commerce with foreign nations, and among the several states.”

Trademarks are part of a broader set of laws that prohibit unfair competition. Unfair competition laws prohibit things like counterfeiting and mislabeling goods about where they’re from or what type of of product they are. Congress can regulate trademarks and unfair competition because it has the power to regulate commerce.

Chaney Law Firm wins lawyer of the year award

At the annual meeting of the Arkansas Trial Lawyers Association, the Chaney Law Firm received the prestigious Outstanding Trial Lawyers award.

More garbage from State Farm

Where do patents and copyrights come from?

Where does intellectual property come from? Different places. Patents and copyrights come from the U.S. Constitution — Article I, section 8, clause 8. It says Congress shall have the power to:

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

“To promote the progress of science and useful arts”

Patents can only be granted for scientific inventions. However, laws of nature and mathematical formulas are discoveries, not inventions, so they can’t be patented. Patents have reasonable terms — 20 years from the date of filing.

Copyrights can granted on most types of artistic works movies, songs, books, magazines, sculptures, and almost any other writing or work of art. Copyrights last much longer than patents — 75 years after death. Why? It sounds silly to say, “because of Mickey Mouse” — but every time Mickey Mouse’s copyright gets close to expiring, a certain company lobbies Congress to get its copyrights extended. Is it constitutional to keep extending copyright terms?

“by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries”

 Owners can exclude others (in court) from making, selling, copying, or otherwise using their inventions and writings. Owners can sell, license, and transfer intellectual property just like other personal property (cars, jewelry, etc.).

Let us know if we can help with your patent and copyright needs.